IMPI
applied,” says Roque. “We are also recognised because of the competence of our examiners.”
IMPI patent examiners are continually subjected to training activities within the institute, nationally, and abroad “in offi ces of worldwide relevance in the patent fi eld”, says Roque. T ese offi ces include the USPTO, European Patent Offi ce, Japan Patent Offi ce (JPO) and the Spanish Patent and Trademark Offi ce (OEPM). “All of this,” says Roque, “[is] with the objective of strengthening the institute through the re-launched international agenda”.
New examiners undergo one-month introductory courses in which they are taught substantive patent examination and prior art searching, theoretically and practically. Once this course is completed, new examiners are tutored by experienced examiners until they can work independently.
IMPI has also modifi ed its recruitment policy in recent years as it tries to deal with examinations of complex technologies and in complex fi elds. T e institute is putting an emphasis on adequate professional backgrounds in fi elds like biotechnology, systems engineering, telecommunications, nanotechnology, and
“NEW EXAMINERS UNDERGO ONE-MONTH INTRODUCTORY COURSES IN WHICH THEY ARE TAUGHT SUBSTANTIVE PATENT EXAMINATION AND PRIOR ART SEARCHING, THEORETICALLY AND PRACTICALLY.”
soſt ware and business methods, when it recruits new examiners.
Patent examination divisions have the support of the Quality and Technical Opinions body at IMPI. T is monitors the quality of searching and examination. “It is also in charge of unifying criteria when disagreements arise in a certain technical fi eld about the criteria to follow to evaluate novelty, inventive step or any other of the requirements for patentability,” says Roque.
Pendency times were scrutinised and legislation was enforced in 2005 to make IMPI timetables more effi cient. T e legislation sets strict deadlines for IMPI’s fi rst response to examination formalities, and limits offi cial actions for a formalities resolution to two. Substantive examinations can involve no more than four offi cial actions without a right being granted or refused.
Nowadays, patents are being granted in 3.5 years on average, designs in one year and utility models in one to three years. IMPI has also agreed to run Patent Prosecution Highway (PPH) pilot programmes with the USPTO, JPO and OPEM. Negotiations are currently underway with the UK IPO for a fourth. Roque says: “T ese actions
Our Lat in Amer ican IP pract ice has the r ight personnel,
exper tise and technology wi th a solut ion-or iented aproach
to del iver the level of service demanded by cl ients today.
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14 World Intellectual Property Review November/December 2011
www.worldipreview.com
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